What is the consequence of a finding that defendants have been convicted of conspiracy to commit murder in the second degree?

Perhaps the lesson bears repeating here. We have determined that defendants' convictions for conspiracy to commit murder in the second degree must be reversed. The issue of proper punishment for those convictions is therefore no longer in controversy before us and is moot. Moreover, in light of our determination that reversal of the conspiracy convictions is compelled, the question of former jeopardy, or any other question regarding further proceedings, is premature unless and until the People elect to pursue such further proceedings and, in particular, seek to retry defendants on the theory of conspiracy to commit first degree murder. (See People v. McDonald (1984) 37 Cal.3d 351, 383-384, fn. 31, 208 Cal.Rptr. 236, 690 P.2d 709.) We therefore leave the determination of those questions for another day.

[12 Cal.4th 611]